CONGRESS OF THE PHILIPPINES SIXTEENTH CONGRESS Third Regular Session } HOUSE OF REPRESENTATIVES H. No. 5992 BY REPRESENTATIVES ALMONTE, SUANSING, GARIN (S.), ALVAREZ (M.), NOGRALES, ROMULO, UNGAB AND QUIMBO, PER COMMITTEE REPORT NO. 823 AN ACT ESTABLISHING THE MISAMIS OCCIDENTAL STATE COLLEGE IN THE CITY OF OROQUIETA, PROVINCE OF MISAMIS OCCIDENTAL, INTEGRATING THEREWITH THE OROQUIETA AGRO-INDUSTRIAL SCHOOL (OAIS) IN BARANGAY VILLAFLOR, OROQUIETA CITY AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Establishment. There is hereby established a state college in the City of Oroquieta, Province of Misamis Occidental to be known as the Misamis Occidental State College (MOSC), hereinafter referred to as the College, integrating therewith the Oroquieta Agro-Industrial School (OAIS) in Barangay Villaflor, Oroquieta City, Province of Misamis Occidental. The existing campus of the OAIS in Barangay Villaflor, Oroquieta City shall be the main campus of the College. SEC. 2. General Mandate. The College shall primarily provide advanced and professional training in the sciences, arts, teacher education, agriculture, engineering and technology and other related fields. It shall also
2 undertake research and extension services, and provide progressive leadership in its areas of specialization. SEC. 3. Curricular Offerings. The College shall offer undergraduate and graduate studies, as well as short-term technical-vocational courses within its area of specialization and according to its capabilities as the Board of Trustees may deem necessary to carry out its objectives, particularly to meet the needs of the Province of Misamis Occidental and Region X. The existing high school shall be transferred to the jurisdiction and supervision of the Department of Education: Provided, That the high school shall be allowed to remain and operate within the campuses of the College until the existing students shall have completed their high school education: Provided, further, That the College may operate a reasonably-sized laboratory school if it has a College of Education. SEC. 4. Administration. The College shall have the general powers of a corporation set forth in the corporation law. The administration of the College and the exercise of its corporate powers shall be vested exclusively in the Board of Trustees and the President of the College insofar as authorized by the Board. SEC. 5. The Governing Board. The governing body of the College shall be the Board of Trustees, hereinafter referred to as the Board, which shall be composed of the following: (a) The Chairperson of the Commission on Higher Education (CHED), Chairperson; (b) The President of the College, Vice Chairperson; (c) The Chairperson of the Committee on Education, Arts and Culture of the Senate, member; (d) The Chairperson of the Committee on Higher and Technical Education of the House of Representatives, member;
3 (e) The Regional Director of the National Economic and Development Authority (NEDA), Region X, member; (f) The President of the faculty association of the College, member; (g) The President of the student council of the College, member; (h) The President of the alumni association of the College, member; and (i) Two (2) prominent citizens who have distinguished themselves in their profession or fields of specialization of the College, members. The two (2) prominent citizens shall be chosen from among a list of at least five (5) qualified persons in the Province of Misamis Occidental, as recommended by the search committee constituted by the College President, in consultation with the Chairperson of the CHED and the other members of the Board, based on the normal standards and qualifications for the position. The term of office of the President of the faculty association, the President of the student council and the President of the alumni association shall be coterminous with their respective terms of office, as set forth in their respective constitution and bylaws. The two (2) prominent persons shall serve for a term of two (2) years from the date of appointment. SEC. 6. Promulgation and Implementation of Policies. The Board shall promulgate and implement policies in accordance with the declared State policies on education and other pertinent provisions of the Philippine Constitution on education, agriculture, science and technology, as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the Higher Education Act of 1994. SEC. 7. Powers and Duties of the Board of Trustees. The Board shall have the following specific powers and duties in addition to its general
4 powers of administration and the exercise of all the powers granted to the Board of Directors of a corporation under existing laws: (a) To enact rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the College; (b) To receive and appropriate all sums as may be provided for the support of the College in the manner it may determine in its discretion, to carry out the purposes and functions of the College; (c) To import economic, technical and cultural books and publications; (d) To receive in trust, legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose of the same when necessary for the benefit of the College and subject to the limitations, directions and instructions of the donor, if any; (e) To fix the tuition fees and other necessary school charges such as matriculation fees, graduation fees and laboratory fees as the Board may deem proper to impose. Such fees and charges, including government subsidies and other income generated by the College, shall constitute special trust funds and shall be deposited in any authorized government depository bank and all interests that shall accrue therefrom shall form part of the same funds for the use of the College. Any provision of existing laws, rules and regulations to the contrary notwithstanding, any income generated by the College from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the College, and may be disbursed by the Board for instruction, research, extension or other programs/projects of the College: Provided, That all fiduciary fees shall be disbursed for the specific purposes for which these are collected.
5 If, for reasons beyond its control, the College shall not be able to pursue any project for which the funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said funds for any reasonable purpose which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the College; (f) To adopt and implement a socialized scheme of tuition and school fees for greater access of poor but deserving students; (g) To authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real and personal properties, including the necessary supplies, materials and equipment; (h) To appoint, upon the recommendation of the President of the College, vice presidents, deans, directors and head of departments, faculty members and other officials and employees of the College; (i) To fix and adjust the salaries of faculty members and administrative officials and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as it may deem proper; to grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing law to the contrary notwithstanding; and to remove them for cause in accordance with the requirements of due process of law; (j) To approve the curricula, instructional programs and rules of discipline drawn by the Administrative and Academic Councils herein provided; (k) To set policies on admission and graduation of students; (l) To award honorary degrees upon persons in recognition of their outstanding contribution in the fields of education, public service, arts, science and technology, agriculture or in any field of specialization within the
6 academic competence of the College, and to authorize the awarding of certificates of completion of nondegree and nontraditional courses; (m) To establish and absorb nonchartered tertiary institutions within the Province of Misamis Occidental as branches and centers in coordination with the CHED, and in consultation with the Department of Budget and Management (DBM), and to offer therein programs or courses to promote and carry out equal access to educational opportunities, as mandated by the Constitution; (n) To establish research and extension centers to promote the development of the College; (o) To establish Chairs in the College and to provide fellowships for qualified faculty members, and scholarships to deserving students; (p) To delegate any of its powers and duties provided for hereinabove to the President or other officials of the College, as it may deem appropriate, so as to expedite the administration of the affairs of the College; (q) To authorize an external management audit of the College, to be financed by the CHED, subject to the Commission on Audit (COA) rules and regulations, and to institute reforms, including academic and structural changes on the basis of the audit results and recommendations; (r) To collaborate with other governing boards of state universities and colleges within the region, under the supervision of the CHED and in consultation with the DBM, and work for the restructuring of the College to become more efficient, relevant, productive and competitive; (s) To enter into joint ventures with business and industry for the profitable development and management of the economic assets of the College, the proceeds from which shall be used for the development and strengthening of the College;
7 (t) To develop consortia and other economic forms of linkages with local government units (LGUs), institutions and agencies, both public and private, local and foreign, in the furtherance of the purposes and objectives of the College; (u) To develop academic arrangements for institution capability building with appropriate institutions and agencies, public or private, local or foreign, and to appoint experts/specialists as consultants, part-time or visiting or exchange professors, scholars or researchers, as the case may be; (v) To set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual training system, open distance learning, and community laboratory, for the promotion of greater access to education; (w) To establish policy guidelines and procedures for participative decision-making and transparency within the College; (x) To privatize, where most advantageous to the College, management of nonacademic services such as health, food, building or grounds or property maintenance and such other similar activities; and (y) To extend the term of the President of the College beyond the age of retirement, but not beyond the age of seventy (70), whose performance has been unanimously rated by the Board as outstanding, after unanimous recommendation by the search committee. SEC. 8. Meetings of the Board. The Board shall convene regularly at least once every two (2) months. The Chairperson of the Board may, upon three (3) days prior written notice, call for a maximum of two (2) special meetings within the same period. A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting: Provided, That the Chairperson of
8 the Board or the President of the College is among those present in the meeting. The Chairperson of the CHED may designate a Commissioner of the CHED as the Chairperson s representative in the meeting, with all the rights and responsibilities of a regular member: Provided, however, That during this meeting, the President of the College, as Vice Chairperson, shall be the presiding officer: Provided, further, That this proviso notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chairperson of the Board, in which case said CHED Commissioner shall act as the presiding officer. In case the Chairpersons of the Senate and House Committees on Education shall not be able to attend the Board meeting, they may duly designate their respective representatives to attend the said meeting, who shall have the same rights and responsibilities as a regular member of the Board. The members of the Board shall not receive any salary, but shall be entitled to reimbursements for actual and necessary expenses incurred, either in their attendance to meetings of the Board or in connection with other official business authorized by resolution of the Board, subject to existing laws and regulations. SEC. 9. The College President. The College shall be headed by the President, who shall render full-time service and shall be appointed by the Board, subject to the guidelines, qualifications and standards set by the Board, upon recommendation of a duly constituted search committee. The College President shall have a term of four (4) years and shall be eligible for reappointment for another term. Within six (6) months before the expiration of the term of office of the incumbent President, the Board shall constitute the Search Committee for the Presidency (SCP).
9 The salary of the College President shall be in accordance with the Revised Compensation and Position Classification System, as modified by Joint Resolution No. 4 dated June 17, 2009 and other pertinent budget and compensation laws, and shall be comparable to that being received by the presidents of similar educational institutions. In case of vacancy in the Office of the President by reason of death, compulsory retirement, resignation, removal for cause or incapacity of the President to perform the functions of the said office, the Board shall have the authority to designate an Officer-in-Charge of the College, pending the appointment of a new President. SEC. 10. The Administrative Council. There shall be an Administrative Council consisting of the President of the College, as Chairperson, the Vice President(s), deans, directors and other officials of equal rank, as members, whose duty is to implement the policies governing the administration, management and development of the College, as approved by the Board. SEC. 11. The Academic Council. There shall be an Academic Council with the President of the College, as Chairperson, and all members of the academic staff with the rank of not lower than assistant professor, as members. The Academic Council shall have the power to review and recommend the curricular offerings and rules of discipline of the College, subject to the appropriate action by the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject to review and approval by the Board through the President of the College. It shall have disciplinary power over the students of the College and shall formulate academic policies and rules and regulations on discipline, subject to the approval of the Board.
10 SEC. 12. The Secretary of the College. The Board shall appoint a Secretary, who shall serve as such for both the Board and the College and shall keep all records and proceedings of the Board. The Secretary shall communicate to each member of the Board the notices of meetings. SEC. 13. The Treasurer of the College. The Treasurer of the Philippines shall be the ex officio Treasurer of the College. SEC. 14. The Faculty. Members of the faculty of the College at the tertiary level shall be exempt from any civil service examination as a requisite for appointment, without prejudice to the right of the Board to impose other professional examination requirements intended to maintain high academic standards. No religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the College: Provided, That no member of the faculty shall teach for or against any particular church or religious sect. SEC. 15. Scholarship Program/Admission. The College shall provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission to the College. No student shall be denied admission to the College by reason of sex, nationality, religion, cultural or community affiliation or ethnic origin. SEC. 16. Academic Freedom and Institutional Autonomy. The College shall enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5, Article XIV of the Constitution of the Republic of the Philippines. SEC. 17. Annual Report. On or before the fifteenth (15 th ) day of the second month after the opening of the regular classes each year, the Board shall file with the Office of the President of the Philippines, through the Chairperson of the CHED and with both Houses of Congress, a detailed report on the progress, conditions and needs of the College.
11 SEC. 18. Authority to Loan or Transfer Apparatus/Equipment/Supplies and Detail of Employees. The heads of the bureaus and offices of the national government are hereby authorized to loan or transfer, upon the request of the President of the College, such apparatus, equipment or supplies as may be needed by the College, and to detail employees for duty therein when, in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to public service. The employees so detailed shall perform such duties as required of them by the President of the College, and the time so employed shall be counted as part of their regular services. SEC. 19. Assets, Liabilities and Personnel. All assets, real and personal, personnel and records of the OAIS in Oroquieta City, Province of Misamis Occidental, as well as its liabilities or obligations, are hereby transferred to the College: Provided, That the positions, rights and security of tenure of the academic staff and personnel therein employed, except those who would be transferred along with the high school components of the College under existing laws prior to absorption by the College, are not impaired: Provided, further, That the incumbents of the positions shall remain in the same status until otherwise provided for by the Board. All parcels of land belonging to the government occupied by the OAIS are hereby declared the property of the College and shall be titled under that name: Provided, That should the College cease to exist or be abolished, or should such aforementioned parcels of land be no longer needed by the College, the title to said parcels of land shall be transferred to Oroquieta City, Province of Misamis Occidental. SEC. 20. Tax Exemptions. The importation of economic, technical and cultural books and publications, which are for economic, technical, vocational, scientific, philosophical, historical or cultural purposes made by the
12 College, upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of the Tariff and Customs Code of the Philippines, as amended. All grants, bequests, endowments, donations and contributions made to the College to be used actually, directly and exclusively by the College shall be exempt from donor s tax and the same shall be considered as allowable deduction from the gross income of the donor for purposes of computing the taxable income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended. SEC. 21. Appropriations. The amount necessary to carry out the provisions of this Act shall be included in the annual General Appropriations Act. SEC. 22. Development Plan, Management Audit, Organizational/ Administrative/Academic Structure. Within the period of one hundred twenty (120) days after the approval of this Act, the College shall accomplish the following: (a) Submit a five (5)-year development plan, including its corresponding program budget to the CHED, for corresponding recommendation to the DBM; (b) Undergo a management audit in cooperation with the CHED; (c) Accordingly set up its organizational, administrative, as well as academic structure, including the appointment of the College key officials; and (d) Set in motion the establishment of at least four (4) separate degree-granting units, one of which is in the arts and sciences and another, at the graduate level. SEC. 23. Inclusion Clause. The provisions of Republic Act No. 8292, otherwise known as the Higher Education Modernization Act of 1997,
13 shall be an integral part of this Act and shall serve as part of the Governing Charter of the College. SEC. 24. Imposition of Powers. All other powers, functions and privileges, responsibilities and limitations to state colleges/universities and to their officials under existing laws shall be deemed granted to or imposed upon the College and/or its officials, whenever appropriate. SEC. 25. Compliance with CHED Requirements. The provisions of this Act notwithstanding, the establishment or conversion of the institution into a state college shall become effective only upon the determination and declaration by the CHED, based on the recommendation of a panel of experts, that the institution has complied with the requirements for a college status. The CHED, through its regional office, shall regularly provide technical assistance to the institution and monitor compliance with the requirements of the Commission. The CHED shall designate a panel of experts who shall prepare a recommendation to the Chairperson of the CHED on whether the institution has complied with the requirements for the grant of college status. The following operational requirements for a state college shall be complied with: (a) Equivalent or appropriate accreditation under CHED policies and guidelines for a college; (b) Ratio of qualified full-time faculty with requisite degrees to number of students; (c) Adequate library and laboratories; (d) Research and development output of practical and commercial application to the community; (e) Relevant linkages and outreach programs that are of service to the community; and
14 (f) Relevant academic policies, systems and processes. The institution shall retain its status prior to the effectivity of this Act, unless in the meantime it is able to comply with the requirements provided herein, within a period not beyond January 1, 2019. SEC. 26. Transitory Provisions. Pending the appointment of the first President of the College, the Chairperson of the CHED shall appoint an Officer-in-Charge of the College. The CHED shall be empowered to formulate rules, regulations and guidelines to fully implement the provisions of this Act. SEC. 27. Implementing Rules and Regulations. The Board, in consultation with the CHED, shall formulate the guidelines to fully implement the provisions of this Act. SEC. 28. Separabilily Clause. If, for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect. SEC. 29. Repealing Clause. All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SEC. 30. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. Approved, О